Code : Section 205 BNS
Whoever, not belonging to a certain class of public servants, wears any garb or
carries any token resembling any garb or token used by that class of public servants, with
the intention that it may be believed, or with the knowledge that it is likely to be believed, that
he belongs to that class of public servants, shall be punished with imprisonment of either
description for a term which may extend to three months, or with fine which may extend to
five thousand rupees, or with both.
Explanation
Section 205 of the Bharatiya Nyaya Sanhita (BNS), 2023, deals with individuals who fraudulently dress like public servants or carry tokens resembling official insignia to deceive others. The intent to defraud is a crucial element in this offense.
Key Elements of Section 205 BNS
- Wearing Uniform or Carrying a Token
- The person must wear a uniform or carry an item (e.g., badge, ID card) used by a specific class of public servants.
- Fraudulent Intent
- Simply wearing a uniform is not enough; the person must intend to pass themselves off as a public servant to deceive others.
- Punishment
- The offense is punishable by imprisonment of up to three months, a fine of up to ₹5,000, or both.
Illustrations
Example 1: Fake Police Uniform for Extortion
A man wears a police uniform and stops motorists to collect illegal fines. Since he fraudulently uses police attire, he will be punished under Section 205 BNS.
Example 2: Fake Army Officer for Special Privileges
A person wears an Army officer’s uniform to gain VIP entry at a government event. If caught, they can be prosecuted under Section 205 BNS.
Common Questions and Answers on Section 205 BNS
1. Is wearing a police or army uniform for fancy dress or movies punishable under Section 205?
No, if there is no fraudulent intent, then merely wearing the uniform does not constitute an offense.
2. What if someone buys a public servant’s uniform from the market?
Purchasing a uniform is not illegal, but using it to deceive others is punishable under Section 205.
3. What is the punishment for violating Section 205?
The punishment includes imprisonment up to three months, a fine of ₹5,000, or both.
4. Is impersonating a public servant a different offense?
Yes, impersonation is covered under Section 204 BNS, whereas Section 205 applies only to wearing a uniform or carrying official items with fraudulent intent.
Conclusion
Section 205 BNS ensures that no one can misuse government uniforms or tokens to deceive the public. This law plays a crucial role in maintaining trust in government institutions.
For more legal insights, visit ApniLaw today! 🚀
